International Economic and Environmental Law

A.Y. 2019/2020
9
Max ECTS
60
Overall hours
SSD
IUS/13
Language
Italian
Learning objectives
Economic globalization raises diverse and different challenges for States in the regulation of their international economic relations: the growing integration and interdependence among national and foreign markets, and the definition of a domestic policies where strategies for economic growth and stability are coherent with the pursuit of non-economic collective interests, such as the protection of the environment or the safeguard of economic and social human rights.

Against this background, the course aims at extending the legal competences of students by providing them a proper knowledge of the relevant international law regimes on economic relations and their overlaps or conflicts with other areas of international relations, in particular on the protection of the environment and of human rights. As a result, the course is complementary to other courses of the master programme on economics and political sciences, enabling students also to develop a critical approach in the analysis of international relations.
Expected learning outcomes
At the end of the course, students will achieve a deep and extensive knowledge of the main international legal instruments concerning inter-State economic relations and the protection of the environment. Specific attention is given to international agreements concluded on a universal, regional or bilateral basis, in view of attaining the ability to identify and solve potential overlaps and conflicts between international legal rules deriving from different sources.
Course syllabus and organization

Single session

Responsible
Lesson period
First trimester
Course syllabus
Unit 1:
International economic law and international economic organizations.
The International Monetary Fund and its evolution since 1944. Institutional issues; the code of conduct on and surveillance over domestic exchange rate policies; the IMF financial assistance (legal aspects and pratice); the role of the IMF for the solution of international financial crises and sovereign debt crises.
The economic and monetary union under the Treaty on the European Union. The coordination of economic policies and the Growth and Stability Pact. The role of the EU in the current economic and financial crisis of the Euro-zone; the coordination with the IMF.
The impact of international financial assistance on the protection of human rights in beneficiary States.

Unit 2:
The evolution in the international legal regime on foreign investment. International dispute settlement between foreign investors and host States: the 1965 ICISD Convention. Customary and treaty rules on access and protection of foreign investments: the definition of investments and investors under bilateral investment treaties, standards of protection, the legal regime on expropriation and nationalization of foreign investments, rules on transfers of capital. The protection of the general interests of the host States under treaty law and in the case law.

Unit 3:
The prote3ction of the environment under public international law: historical evolution, governance, general principles and rules (declaration of Stockholm, Rio de Janeiro and Johannesburg), the multilateral environmental agreements. The protection of the atmosphere; the prohibition of transbounbdary pollution, the legal regimes on the protection of the ozone layer and on climate change; the role of the EU environmental policy. The relationship between MEAs and international trade law under the agreements of the World Trade Organization. The right to a healthy environment under international human rights treaties and case law.
Prerequisites for admission
In order to take the exam, students may satisfy the prerequisite indicated in the "Manifesto degli studi".
Teaching methods
The teaching method is based on frontal lessons. For each topic covered by the course, lessons will focus on: a) the political background; b) the relevant legal regime and the challenges raised by its interpretation, application and enforcement; c) specific case studies and case law. Active participation by students is expected.
The teaching materials will be uploaded on the Ariel website of the course (diea.ariel.ctu.unimi.it).
Teaching Resources
ATTENDING STUDENTS:

M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli , 2019: capitoli IV, V, VI e VII. E' vivamente consigliata la lettera dei capitoli I e II.
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: capitolo I, III, V, VI.
Further reading and teaching materials are uploaded on the Ariel website of the course.

NON-ATTENDING STUDENTS:

M.R. MAURO, Diritto internazionale dell'economia. Teoria e prassi delle relazioni economiche internazionali, Editoriale Scientifica, Napoli , 2019: chapters I, II, IV, V, VI e VII;
J.-V. LOUIS, Guest Editorial: The No-Bailout Clause and Rescue Packages, in Common Market Law Review 2010, p. 971 ff.;
M. RUFFERT, The European Debt Crisis and European Union Law, in Common Market Law Review 2011, p. 1777 ff.;
A. DE GREGORIO MERINO, Legal Developments in the Economic and Monetary Union during the Debt Crisis: the Mechanisms of Financial Assistance, in Common Market Law Review 2012, p. 1613 ff.;
HOFMANN, A Legal Analysis of the Euro Zone Crisis, in Fordham Journal of Corporate and Financial Law 2013, p. 519 ff.;
F. MUNARI, L. SCHIANO DI PEPE, Tutela transnazionale dell'ambiente, Bologna, 2012: chapters I, II, III, V, VI, VII;
D. BODANSKI, The Legal Character of the Paris Agreement, Revue of European, Comparative & International Environmental Law 2016, pp. 142-150;
S. MALIJEAN-DUBOIS, The Paris Agreement: A New Step in the Gradual Evolution of Differential Treatment in the Climate Regime?, Revue of European, Comparative & International Environmental Law 2016, pp. 151-160.
Assessment methods and Criteria
The final exam is written, and it consists in open questions on each unit of the course. The purpose is to appraise students': a) knowledge and understanding of the topics covered during classes and included in the programme of the course; b) capacity of applying the tools of public international law to investigate inter-State relations on enconomic and environmental matters.
Attending students may take an interim exam at the end of the classes for the first and the second unit of the course. In alternative, they can take the exam on the whole programme after the end of the course. The final mark is given by the avarage of the grades attained on each of the three units.
Unità didattica 1
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 2
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Unità didattica 3
IUS/13 - INTERNATIONAL LAW - University credits: 3
Lessons: 20 hours
Professor(s)
Reception:
Thursday (4-7 p.m.) by Skype (giovanna.adinolfi).